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Appendix <br />ATTACHMENT 2 <br />SAMPLE AGREEMENT <br />CONSULTANT <br />AGREEMENT CITY OF <br />SANTA ANA <br />THIS AGREEMENT is made and entered into this day of , 2023 by and between <br />("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On March 16, 2023, the City issued Request for Proposal No. 23-028, by which it <br />sought a consultant to provide Industrial/Commercial Inspection and NPDES Program <br />Support Services. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of <br />work that was included in RFP No. 23-028 and addendum thereto. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the services that were described in the scope of work that was included <br />in RFP No. 23-028, which is attached as Exhibit A, and as more specifically delineated in Consultant's <br />proposal, which is attached as Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The total <br />annual amount to be expended under this Agreement shall not exceed $ <br />during the term of this Agreement, including any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />City of Santa Ana RFP 23-028 Page A2-1 <br />